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HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9111580PURCHASE ORDER PO Number Page City of PURCHASE 9111580 t of z `t Collins This number must appear on all invoices, packing sli s and labels. Date: 03/16/2011 Vendor: 109445 CONNELL RESOURCES INC 7785 HIGHLAND MEADOWS PKWY #100 FORT COLLINS Colorado 80528 Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS Colorado 80521 Delivery Date: 03/16/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Linden St. Improvements 1 LOT LS 11,000.00 WO #1400903707-11 C3. O✓1e�92� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com $11 Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terrns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt Fram state and local Inaes.Our Exemption Number is 11. NONWAI VER. 9R-W502. Federal Excise Tax Exemption Certificate of Registry g4-6M10597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terns and conditions hercot, failure or dc[nv to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or candies pmvided herein or by law, failure to promptly notify the Seller in the went of a breach. the acceptance OF Or payment for goods hcrcunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the w.mnties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be roamed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict Performance hercofor any of its rights or rcmcdics as to any such goods, regardless instructions form the City of Fort Collins. of mhen shipped, received or accepted. as to any prior or subsequent default hereunder, nor shall any purported oral mod ifieal ion or reseicsi on of this purchase order by the Purchaser opcec as a waiver of any of the terns Inspection. GOODS arc subject to the City of Fort Call ins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fan Collins. Hossrver, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from amitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and it claims it may now her or hereafter Freight Terms. Shipments most be F.O.B.. City of Fort Collins. 700 Wood St.. Fort Collins, CO 90522. unless acquired under federal or state antitrust laws for such nvercharges relating to the pl nicular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this parches order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country. shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability fir unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to he performed by the most expeditions means available to it, and the Seller shall pay all costs asmciamd with such work. Permits. Scllcr shall prcure at sellers sole cost all necessary prnmits. certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory m political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reason of an asser ed or established violation of any such laws, regulations, ordinances. rules and requirements. Authorization. All panics to this contract agree that the representatives cure. in fact. bona tide and possess fill and complete authority to hind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is ofthe esenee. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance ofpartial late deliveries shall operate as a mnivcr of this prevision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable far damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault Ofnegligenee, sneh acts of God, acts ofcivil or military authorities, govemmental priorities, fires, strikes, flood, epidemics scams or riots provided that notice of the conditions causing such delay is given to the Purchaser mithin five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3.WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will confirm with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the parposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss damage or expense which the Purchaser may suffer or incur on.aceount of the Sellers breach of wamnty. The Scllcr shall replace, repair or make good, without east to the purchase,. any defects or faults arising within nne (1) year or within such longer period of time as may be prescribed by haw or by the terms ofany applicable wamnty provided by the Seller ancr the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials furnished by the Seller. Acceptance or use of grads by the Purchaser shall not constiute a waiver ofany claim under this warranty. Except as othcmiw provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach crony of the foregoing wwmntics fir guarantees, but such liability shall in no event include Ins, Of pmfrts fir loss Muse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY. d. CHANGES IN LEGAL TERMS. The Purchaser man make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purehzscr may make any changes to the tcmw, other than legal terns, including additions to or deletions from the quantities originally ordered in the specifications or drawings. by verbal fir written change OMet. If any such change affects the amount due or the time of performancc hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by mumen change order, tcminatc this agreement as to any or all portions of the grinds then not shipped, subject to any cquilablc adjustment between the parties as to any work fir materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmffls on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller wilh respect to any good which arc the Sellers standard stock. No such termination shall reline the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the dale the change or eminmion is ardcred. R. COMPLIANCE WITH LAW. The Seller ,.mats that all good sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable Tana and regulations to which the good arc subject. The Seller shall esecote and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated hcrcin by this reference. The Seller agrees to indemnify and hold the Purchaser harmles, from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller wamnts hull, elearand unrestricted title to the Purchaser for all equipment, materials, and ilems furnished in f afnmanee of this agreement. free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claim, of others. The Seller shall release the Purchaser and its contractors of any Her facto all liability and claims ofany nature resulting from the perfomnnee of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors. officers and employees nfsuch party. The Sellcr's contractual obligations, including wrmnty. shall not be deemed to be reduced, in any may, because such work is performed or causd In he performed by the Porchascr. _ 14. PATENTS. Whenever the Seller is required to use any design, dwlce. material or process covered by letter, patent, trademark or copyright. the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device. mncrial or process in connection with the contract, and Off indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case slid equipment, or any pact thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined. the Seller shall, at its Own expense and at its option, either procure for the Purchaser the right to cnminuc using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hankrupt, make an rsignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers pmperty or business this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions nftems used or the interpretation ofthe agreement and the rights of all panics hcrcunder shall be constmcd nnder and governed by the Iases ofthe State of Colnmdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hcrcunde, including the services of Sellers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Seller's men risk until the same is filly completed and accepted, and shall, in gas of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own experts and to the satisfaction of the Pnrehiner. When materials and equipment are furnished by others for installation or erection by the Seller. the Seller shall receive, unload. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being Furnished by the Scllcr under the Order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensatinn, including Occupalional disease benefits, to its employees employed on or in connection with the work covered by this purchase order, nod/or to their dependents in accordance with the Imes of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to. contractual and automobile public liability insumncc with bodily injury and death limits of at [cast S300.000 for may one person. S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises Of others, the Seller shall Finnish the Purchaser with a certificate that such compcosntion and insurance have been pmvided. Such certificates shall specify the date when catch compensation and insurance have been provided. Such ccrtificecs shall spccifv the des. when such compensation and insurance expires. The SCIICr agrccs that such compensation and inwrance shall he maintained until ancr the entire work is completed and accepted. 19. PROT17CFION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsihility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase nnder or in connection herewith. The Seller will indemnify and hold harmless the Purchasr and any Or all of the Purchasers effects, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason ofany act. action, neglect. omission or defatdt on the part of the Scllcr, any of his contractors, or any of the Scllers or contractors officers. agents or cntplovecs. In ease any .snit Or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason ofany act, action, neglect, emission or default of the Seller of zm- of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assmne the defense thercM and to defend the same at the Sellers own expense, to pay any and all costs. charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their oRecrs. agents or employees in such suits or other proceedings, and in case judgment or Other lien he placed Open or Obtained against the property of the POrehaser, or said parties in or as n result OCsueh suits m olher proceedings, the Scllcr will at once cause the. ume to he dissolved and discharged by giving bond m otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of .accidents, comply with all laws and regulations with regard to safety including, but withmu limitation, the Occupational Safety and I lcalth Act of 1970 and all roles and regulations issued pulsation thereto. Revised 03/2010